Can I claim ex-spouse Social Security benefits when he's still working? (74yo divorcee with younger ex who hasn't filed)

Yes, you ARE eligible for divorced spouse benefits even if your ex hasn't filed yet! This is a common misunderstanding (even among some SSA reps). Since you've been divorced more than 2 years and both you and your ex are over 62, you qualify for divorced spouse benefits regardless of whether he's filed - it's called the "independently entitled divorced spouse" rule. You should be eligible for up to 50% of his PIA (Primary Insurance Amount), reduced by the amount of your own benefit. Since you're already receiving your own benefit and are past FRA, there's no reduction for claiming early. Definitely make an in-person appointment and specifically ask about "independently entitled divorced spouse benefits." Bring your marriage certificate, divorce decree, and your ex's SSN if you have it.

I was in a similar situation last yr, divorced after 22 yrs and my ex was still working. It took 4 trips to SS office before I found someone who knew what they were doing!!! Perseverence is key. good luck

The rule that allows you to collect on your ex's record even if he hasn't filed only applies if you've been divorced for at least 2 years, which you have (the 2-year rule is called the "divorce duration requirement"). Since you're 74 and he's 66, you both meet the age requirement (both must be at least 62). The most frustrating thing about Social Security is how inconsistent the information can be from different representatives. I've found that going in person with the exact requirements printed out from the SSA website helps. You'll need your divorce decree, marriage certificate, birth certificate, and ideally your ex's Social Security number. One more thing - you won't get his full benefit amount. Since you're collecting your own benefit, you'll only get the difference if 50% of his benefit is higher than 100% of yours. Given the income difference you described, you should definitely get something extra.

I went through this EXACT situation with my mom last year! The phone reps kept giving her wrong info, saying she couldn't claim because her ex-husband was still working. COMPLETELY FALSE!!!! After weeks of getting nowhere, we used a service called Claimyr (claimyr.com) to actually reach a knowledgeable person at Social Security. They got us past the endless busy signals and connected us with someone who knew the divorced spouse rules. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU Turns out my mom was entitled to an additional $630/month that she should have been receiving for YEARS. She even got 6 months of back payments. The key was getting to someone who actually understood the "independently entitled" rules for divorced spouses.

Wait I'm confused about something. If your ex is still working full time making that much money, wouldn't the earnings limit apply? Or does that only matter for his benefits not yours???? The whole system is such a mess.

im in kinda the same boat. divorce after 11 years and ex makes way more than me. but i heard you need to be married 10 years to get anything from their record. is that true?????

Thank you all SO much for the helpful responses! I've scheduled an in-person appointment for next Tuesday morning. I'm bringing ALL my documents - marriage certificate, divorce decree, birth certificate, current benefit statement, and I even managed to find his SSN in some old tax returns. I'm going to specifically ask about "independently entitled divorced spouse benefits" and make sure they understand I've been divorced over 2 years and we were married over 10 years. I'm feeling hopeful for the first time in years! If they try to tell me I don't qualify because he's still working, I'll politely ask them to check the rules again. If I hit another brick wall, I might try that Claimyr service to reach someone who actually knows these specific rules. I'll update after my appointment to let everyone know how it went. Crossing my fingers!